Section 23-17.—Listing of Law Days

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis rule requires a party seeking strict foreclosure to file a proposed order of law days with the motion for judgment and sets default terms for redemption and possession that apply unless the court orders otherwise.

Full Text of Section 23-17

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(a) In any action to foreclose a mortgage or lien, any party seeking a judgment of strict foreclosure shall file, with the motion for judgment, a list indicating the order in which law days should be assigned to the parties to the action. The order of the law days so indicated shall reflect the information contained in the plaintiff’s complaint, as that information may have been modified by the pleadings. Objections to the order of law days indicated on said list shall only be considered in the context of a motion for determination of priorities, which motion must be filed prior to the entry of judgment.

(b) Unless otherwise ordered by the judicial authority at the time it renders the judgment of strict foreclosure, the following provisions shall be deemed to be part of every such judgment:

(1) That, upon the payment of all of the sums found by the judicial authority to be due the plaintiff, including all costs as allowed by the judicial authority and taxed by the clerk, by any defendant, after all subsequent parties in interest have been foreclosed, the title to the premises shall vest absolutely in the defendant making such payment, subject to such unpaid encumbrances, if any, as precede the interest of the redeeming defendant.

(2) That the defendants, and all persons claiming possession of the premises through any of the defendants under any conveyance or instrument executed or recorded subsequent to the date of the lis pendens or whose interest shall have been thereafter obtained by descent or otherwise, deliver up possession of the premises to the plaintiff or the defendant redeeming in accordance with this decree, with stay of execution of ejectment in favor of the redeeming defendant until one day after the time herein limited to redeem, and if all parties fail to redeem, then until the day following the last assigned law day.

End

Amendment History

(P.B. 1978-1997, Sec. 526A.)

Plain-English Summary

In a strict foreclosure, the court assigns each interested party a law day — a deadline to redeem the property by paying what is owed, in an order that reflects each party's priority. This rule requires the party seeking judgment of strict foreclosure to file, along with the motion for judgment, a list proposing the order in which law days should be assigned. That proposed order must track the priorities described in the plaintiff's complaint, as modified by the pleadings. Anyone who disputes the proposed order must raise the objection through a motion for determination of priorities, filed before judgment enters.

Frequently Asked Questions

What is a law day in a Connecticut foreclosure?

A law day is the deadline assigned to a party in a strict foreclosure by which that party may redeem the property by paying the amount due; the parties redeem in an order set by the court.

How does a party object to the proposed order of law days?

Objections must be raised through a motion for determination of priorities, which must be filed before the entry of judgment.

What happens if a defendant redeems the property?

Once all sums found due are paid, including allowed costs, title vests absolutely in the redeeming defendant, subject to any unpaid encumbrances that precede that defendant's interest.

What if no one redeems by their law day?

The rule provides for delivery of possession to the plaintiff or the redeeming defendant, with a stay of execution of ejectment that runs until the day after the last assigned law day if no party redeems.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 23-17). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: law days foreclosure Connecticutstrict foreclosure redemption order CTmotion for determination of prioritiesorder of law days listforeclosure ejectment stay